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Legal staff warns HB 851 amendment may conflict with federal UOCAVA rules
Summary
Legal counsel and the state elections coordinator told the subcommittee that amendment 012576, as drafted, could conflict with federal rules protecting military and overseas voters; counsel said the language could require overseas voters to prove residency when federal domicile rules apply.
Legal counsel told the Elections & Campaign Finance subcommittee that the amendment attached to HB 851 may conflict with federal rules governing absentee voting for military and overseas citizens.
Counsel said the amendment "would require them to maintain some sort of residence in the state when they couldn't because they're deployed overseas or they're a missionary overseas," and cautioned that the language as written could invite litigation and enforcement uncertainty. Committee members echoed concerns about forcing local election commissions into additional burdens when federal domicile rules typically determine military voting eligibility.
Committee discussion also noted that courts sometimes defer to the legislature on residency definitions, but counsel and the elections coordinator both said the wording could create a legal mismatch that would likely prompt lawsuits in close elections. Several members asked for more time to align statutory language with federal protections before advancing the bill.
